- 1 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14550 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAVEEN @ MUKKODU S/O NARASHIMAPPA, AGED ABOUT 21 YEARS, R/AT, ULLAPANAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563 125 …PETITIONER (BY SMT. YUKTHA N, ADVOCATE FOR SRI. AJAY N, ADVOCATE) AND: 1. STATE BY CHINTAMANI RURAL P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. 2. NARAYANA SWAMI S/O UNKNOWN AGED MAJOR, R/A OPPOSITE GANGAMMAGUDI ULLAPPANAHALI POST, CHINTAMANI TALUK CHIKBALLAPURA DISTRICT- 563 125 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 R2 SERVED AND UNREPRESENTED) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SPL.C NO. 158/2024 PENDING ON THE FILE OF THE COURT OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA ARISING OUT OF CRIME NO.302/2024 FILED BY CHINTAMANI RURAL POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTION 376(2)(n), 506 OF IPC AND SECTION 4, 6, 5(J) (II) OF THE POCSO ACT AND ETC. THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Spl.C. No. 158/2024 pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, arising out of Crime No. 302/2024 of Chintapani Rural Police Station registered for offence under Sections 376(2)(n), 323, 448, 506 of IPC and Sections 4, 6, 5(L), 4(2) and 8 of POCSO Act. 2. Heard Learned counsel for petitioner and learned HCGP for respondent No. 1 - State. In spite of service of notice, respondent No. 2 remained absent and unrepresented. - 3 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 3. Heard Learned counsel for petitioner and learned HCGP for respondent – State. 4. Learned counsel for petitioner would contend that the allegation against the petitioner is having sexual intercourse with the victim girl by threatening her for 4 times as a result of which she is became pregnant. It is further contented that the DNA test report of the fetus and blood samples of petitioner and victim girl indicate that victim girl is the biological mother and petitioner is excluded from being the biological father of the fetus. She submits that the said DNA test report creates a doubt about the case of the prosecution and the evidence of the victim girl. Evidence of victim girl is already recorded. She placed reliance on the decision of the Bombay High Court in the case of Anand Waman Randhe Vs. State of Maharashtra, AIR Online 2020 Bombay 2380 wherein it is held as under: 6. In the instant case, though the victim has specifically taken the name of the present applicant - 4 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 as a person who has performed the sexual intercourse with her in the darkness of the night, however, considering the scientific accuracy of the DNA report, the applicant has made out a case for grant of bail. It is for the Trial Court to consider the statement of the victim and her mother along with the negative DNA report and decide the case on its own merits. However, since the DNA report is negative indicating that the applicant is not the biological father of the baby, the case is made out to grant bail to the applicant. 5. She further submits that petitioner is in judicial custody since 10.08.2024 and victim girl and her mother are already examined and there is no threat by the petitioner to them. With this she prayed to allow the petition. 6. Per contra learned HCGP would contend that only chief examination of mother and victim girl have been recorded and they are yet to be cross examined. If the petitioner is granted bail, there is threat to P.W.1 and P.W.2 who are mother and victim girl. The judgment relied upon by learned counsel for petitioner is based on the - 5 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 decision of the Hon’ble Apex Court rendered in criminal appeal wherein conviction has been challenged. On these grounds he prayed to reject the petition. 7. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. 8. It is the case of the prosecution that the victim girl aged 14 years was in the house of her aunt – C.W.4 as there was school vacation. When she was alone in the house, accused came inside the house at about 08.00 pm and took her to a room and had sexual intercourse even after her resistance and gave life threat. Thereafter also the petitioner had sexual intercourse for 4 times as a result of which she became pregnant. 9. Pregnancy of the victim girl has been terminated and fetus has been preserved. Blood samples of the petitioner, victim girl and fetus have been sent for DNA test. The DNA test report indicates that victim girl is - 6 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 the biological mother of the fetus and petitioner is excluded from being the biological father of the fetus. Therefore said DNA report is negative so far as this petitioner is concerned. Considering the said aspect and in view of the decision relied upon by the learned counsel for petitioner, petitioner has made out a case for grant of bail with conditions. 10. In the result, the following; O R D E R Petition is allowed. Petitioner is granted bail in Spl.C. No. 158/2024 pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, subject to following conditions: I. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court. II. Petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2026:KHC:2109 CRL.P No. 14550 of 2025 III. Petitioner shall attend the trial Court on all dates hearing, unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 4